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(영문) 서울중앙지방법원 2016.02.05 2015가합544625

주식명의개서

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Plaintiff is a company that is established under the Hong Kong Act and runs the investment business, and the Defendant is a company that runs the business of refining petroleum, selling of identical products and ancillary products, exporting and importing crude oil and crude oil, transporting petroleum and petroleum products.

(A) On June 29, 2015, the Plaintiff requested the Defendant to implement the transfer procedure for the instant shares on the ground that the Plaintiff acquired the instant share certificates, but the Plaintiff rejected the Plaintiff’s claim on the ground that the Plaintiff did not issue the instant share certificates on July 6, 2015.

(A) The plaintiff's assertion as to the cause of the claim is based on Article 336 (2) of the Commercial Act, since the plaintiff takes over the share certificates of this case issued by the defendant at the direction of the president B, the plaintiff's assertion as to the cause of the claim is presumed as a legitimate holder of the share certificates

Therefore, the Defendant is obligated to implement the transfer procedure for the instant shares to the Plaintiff.

The gist of the Defendant’s assertion is that the instant share certificates are forged without the Defendant’s issuance, and thus, cannot be applied to “the presumption of the right to a possessor of share certificates” under Article 336(2) of the Commercial Act. Therefore, the Defendant is not obliged to implement the transfer procedure under

Judgment

The evidence consistent with the plaintiff's assertion is as follows: (a) although the share certificates of this case (Evidence 2 of this case) exist, Eul evidence Nos. 6, Eul evidence Nos. 9-1, 2, 3, Eul evidence Nos. 10-1 through 23, Eul evidence No. 12, 13, Eul evidence Nos. 11-1, 2, 3, and Eul No. 14-1 and 2, the whole purport of the pleading is taken into account; (b) In other words, the share certificates of this case are written as the issuance of the share certificates of this case, which are common shares conferred upon Eul No. 100,000 won by the share certificates of this case on Oct. 15, 1993; and (c) the defendant has issued the share certificates of this case in the process of capital increase by attracting foreign investment from IP, a national investment company in the United States of America on Dec. 9, 199.